By David Royer • October 26, 2008
Originally published on May 31, 2007
STAUNTON — Johnson Street neighbors say they will keep up their fight against a psychiatric treatment facility moving into their neighborhood, even after their lawyer decided not to continue.
Attorney James Osborne will not pursue the case after working with neighbors since last year, citing the time involved in preparing for the case. There has been no word on whether a trial set for Friday has been postponed, though both sides said they assume it is.
Jennifer Reut, a nearby home owner and one of more than 30 plaintiffs who filed suit against the city of Staunton and Valley Community Services Board in December, said neighbors plan to continue the suit with another lawyer.
VCSB and its partner nonprofit group, Valley Area Community Support Inc., announced plans last June for a walk-in residential treatment facility for one of its community programs, and up to 10 residential units at the old Effie Ann Johnson Daycare building at 1314 W. Johnson St. The treatment facility is not specifically allowed under the neighborhood's residential zoning, but special approval can be granted.
City Council members in November issued a conditional permit for the use for three years, overturning a recommendation by the planning commission to deny the permit. Council members said they were given new information the planning commission did not have.
Neighbors questioned why VCSB was allowed to have more time to submit information. Two council members, Rita Wilson and Carolyn Dull, and Assistant City Manager Jim Halasz have connections to VCSB as employees or board members, though they sat out the discussions and votes.
A Staunton Circuit Court judge in April heard motions for summary judgment from both sides in the case, but has not issued a ruling.
VCSB Executive Director Jerry Thomas said construction at the Johnson Street site is underway. He hopes to have the program moved in by June 30, when the group's lease at 123 W. Frederick St. runs out.
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